Between August and November 2017, IP Australia sought
public comment on several Government-supported IP policies,
including:
- the introduction of an objects clause into the Patents
Act; and
- amending the inventive step requirements for Australian
patents.
Now, IP Australia's response to the public
consultation process has been released and the news does not appear
to be optimistic for innovators.
In this first of two "patentable subject matter"
articles, I will consider IP Australia's proposals in relation
to the introduction of an objects clause and its seemingly
significant potential impact on Australia's patent eligibility
threshold.
Background
At the end of 2017, the Government supported a recommendation by
the Productivity Commission to introduce an objects clause into the
Patents Act – a clear statement of intent for the guidance of
courts in the interpretation of the Act. The Productivity
Commission Report specifically stated that "[a]n
